I beg to move amendment 49, in clause 19, page 31, line 19, leave out from “substitute–” to end of line 34 and insert—

“‘(b) it satisfies—

(i) subsection (1ZA), if it is given by a tenant in relation to premises let under an assured tenancy, or

(ii) subsection (1ZC) in any other case; but in relation to landlords under assured tenancies see section 5(1) of the Housing Act 1988 (notice to quit by landlord is of no effect).’

(3) After subsection (1) insert—

‘(1ZA) A notice to quit satisfies this subsection if—

(a) it is given not less than—

(i) any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or

(ii) in the absence of agreement under sub-paragraph (i), two months before the date on which the notice is to take effect, and

(b) it is in relation to premises let under a repeat tenancy or, if it is in relation to premises let under any other assured tenancy, it is to take effect—

(i) no earlier than any time, within the period of six months beginning with the day on which the terms of the tenancy provide for the tenancy to begin, that the landlord has agreed to in writing, or

(ii) in the absence of agreement under sub-paragraph (i), on or after the last day of the period mentioned in that sub-paragraph.

(1ZB) In subsection (1ZA)(b) “repeat tenancy” means an assured tenancy under which the tenant becomes entitled to possession of the premises within the period of one month beginning with the day after the last day of a previous assured tenancy—

(a) under which the same premises were let, and

(b) which was between the same parties.

(1ZC) A notice to quit satisfies this subsection if it is given not less than four weeks before the date on which it is to take effect.’”

With this it will be convenient to discuss the following:

Amendment 66, in clause 19, page 31, line 31, at end insert—

“(aa) where it is given by a tenant who meets the student test under Ground 4A, not less than ten months before the date on which the notice is to take effect;”.

Amendment 67, in clause 19, page 31, line 31, at end insert—

“(aa) where it is given by a tenant in relation to a premises in which they are the first tenants since its construction, not less than twenty-four months before the date on which the notice is to take effect;”.

Clause stand part.

Clause 20 stand part.

One issue that we have debated—I think, once again, it falls to a small p political and philosophical difference—is ensuring the availability of appropriate options for levels of term, in pursuit of our aim of freedom of contract for those to whom these terms would most lawfully and best apply. The purpose of this amendment is to move us on towards achieving that, and I believe that it would.

The intention behind amendment 66, which stands in my name, is to take landlords at their word that they value hugely the opportunity for fixed-term tenancies, which of course are being removed by this Bill. We support the move to longer tenancies—periodic tenancies—in the Bill. Our policy was to extend them to at least three years, and in effect this Bill extends periodic tenancies almost indefinitely. But for the student population, it is a big disadvantage that students can no longer really rent premises or rent accommodation for the 10 months for which they need it. They nearly always face being forced to rent for 12 months, and paying rent over the summer period when they do not want to do so.

We are taking landlords at their word that they really value fixed-term tenancies, and that fixed-term tenancies would unlock investment and support from the landlord sector. The amendment would offer landlords and student tenants the option to enter into a 10-month fixed-term tenancy, which would benefit students in not having to rent for 12 months. MoneySuperMarket.com—other websites are available—has said that according to a survey in 2023, average student rents are £535 a month. Saving each student two months’ rent would save them £1,000, which is well worth it from their point of view. From the landlord’s point of view, if, as we heard in oral evidence, landlords value fixed-term tenancies, the option to have such certainty would be of value to them.

Having looked at the amendment again in the cold light of day, I will be withdrawing it, because I am not sure that the wording—for which I take full and complete responsibility—delivers my proposal as an option; it seems to indicate a requirement for a rolling 10-month notice period. However, I encourage the Committee to consider the benefits to students of reducing their tenancies from 12 to 10 months.

A similar logic applies to amendment 67. If landlords particularly value fixed-term tenancies, given the importance of that to investment and given that we all want an increase in the number of rental premises available— we all want more housing to be built—it would seem worthwhile to provide an incentive to introduce more build-to-rent into the market.

I am sure we will hear that this traps people into two years, but I emphasise that build-to-rent represents 10% of new housing stock in the country. As we know, the amount of new housing stock each year is equivalent to approximately 1% of existing housing stock. That means that we are talking about 10% of 1%, or 0.1% of housing stock, where the first tenants to move into the newly constructed premises would be able to agree a 24-month fixed-term tenancy. When developers and landlords build and invest in the new housing that we all want, they would have the incentive of being able to agree a two-year fixed term tenancy with the first tenant. That is the logic of amendment 67, and I commend it to the Committee.

Clause 19 amends section 5 of the Protection from Eviction Act 1977 to set out the rules about what period of notice a tenant must provide to end a tenancy, stipulating that they will not have to provide more than two months’ notice. This will help renters to end tenancies quickly if they have a change of circumstances, such as needing to change jobs or move to a new area. It will also prevent them from being trapped in substandard properties for long periods of time. Allowing tenants to move on from poor properties is fundamental to establishing fairness in the new system, and it will incentivise landlords to provide a good service.

This will also provide landlords with the certainty they need. We believe that two months is sufficient time for landlords to re-let the property, minimising the time and costs of void periods. Landlords will not be allowed to ask for more than two months’ notice in the tenancy agreement. That will prevent them from replicating fixed terms by locking tenants in for long periods of time. If the tenancy agreement does not mention the tenant’s notice period, clause 19 requires tenants to provide at least two months’ notice. They will be able to provide more notice if it suits their circumstances. We recognise that sometimes a shorter notice period will be preferable for both tenants and landlords. The landlord and tenant may therefore agree to a shorter notice period in writing.

Clause 20 prevents landlords from specifying the form of writing that a tenant’s notice to quit must take. Landlords will not be able to include terms in the tenancy agreement that insist the notice to quit is provided in a particular form, such as a letter. Any attempt to do so will be rendered void by this clause. Instead, tenants will be able to provide notice in any written format, such as text message, email or letter. That will remove unhelpful barriers to tenants’ ability to provide notice to quit.

Clause 20 also clarifies that a tenant’s notice to quit can be withdrawn before it comes into effect, if the landlord agrees in writing. That is a sensible clarification to ensure that both parties can agree to continue the tenancy if that suits their respective circumstances.

I have to be clear that we will not accept any change that would increase the length of notice that tenants are required to provide. Amendment 49, which was tabled by the shadow Minister, seeks to prevent tenants from ending a tenancy in the first six months by ensuring that only notices that expire after six months would be considered valid. We will not be reintroducing that measure, which even the previous Government felt was unnecessary until the very late stages of their own Renters (Reform) Bill.

Tenants will not routinely end tenancies just after moving in or use assured tenancies as an alternative to holiday lets. In our view, tenants have to go through far too much administration and provide too expensive a deposit for this to be a viable concern. If tenants do have to end a tenancy, I am confident that two months is a fair amount of time for both parties to adjust. Six months is a long time to live in a house with damp or mould that the landlord simply painted over when doing viewings, or perhaps simply advertised inappropriately online—just as it is too lengthy a period to remain living with a partner after, for example, a relationship breakdown. I note again that landlords could still regain possession in that six-month period if the tenant was at fault, using the clear grounds for possession set out in schedule 1. Why should a tenant’s right to leave, when a landlord is at fault, be any different?

I turn to amendments 66 and 67, tabled by the hon. Member for Taunton and Wellington. Amendment 66 would require tenants who meet the student test in possession ground 4A to give 10 months’ notice. That would mean that students would have to know 10 months in advance whether they wanted to remain in the property. Landlords who are concerned about making a property available for new student tenants can seek possession under ground 4A if they meet the requirements of that ground. Similarly, amendment 67 would require tenants who are the first residents in newly built properties to provide 24 months’ notice when ending an assured tenancy.

I am afraid that I do not accept that it is reasonable to penalise some tenants because of the circumstances or the property in which they live. Those tenants deserve the same flexibility that everyone else will enjoy under the single system of periodic tenancies. We do not believe that it would be fair or justifiable to lock them in for such long periods of time. Again, since most new buildings should be good quality, tenants will only leave if they really need to. In other words, they can stay for 24 months, or perhaps longer if they want to, under the periodic tenancies that the Bill provides for. For those reasons, I ask the shadow Minister and the hon. Member for Taunton and Wellington not to press their amendments to a vote.

I would like to ask the Minister, not at this stage but in due course, to provide a little bit more detail. In his response to these amendments, he referred to what sounds like an asymmetric process in the expectations of how notices would be given. It would be a requirement for a landlord to put a notice of any kind to the tenant in writing, but the tenant would be able to give notice by means of a text message. It seems very clear that that situation could give rise to disputes about whether information or notices were properly served in both directions. I urge the Government to ensure that, as the Bill makes progress, there is sufficient symmetry. For example, when disputes arise that might go before the courts or the tribunal, there needs to be real clarity, by way of an audit trail of what has been said to each party.

I thank the shadow Minister for that. I will undertake to provide him with more detail on the specific point he has made, which is noted and understood, either at an appropriate point in our further consideration of the Bill or in writing.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 19 ordered to stand part of the Bill.

Clause 20 ordered to stand part of the Bill.